Belarus Notary Qualifying Examination flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Notarial secrecy

The duty of the notary to keep confidential the fact and content of notarial acts and related documents, disclosable only to the parties, their representatives, and authorities as provided by law.

Notary Chamber

A self-governing professional association of private notaries that adopts a code of professional ethics, organizes professional development, and represents notaries' interests.

Territorial competence of notary

The rule that a notarial act is performed within the notarial district to which the notary is assigned, subject to statutory exceptions for urgent acts and inheritance files.

Refusal to perform notarial act

A reasoned written decision by the notary declining to perform an act, which the applicant may appeal to the court or complain about to the Ministry of Justice.

Compulsory share in inheritance

The statutory minimum, at least one-half of the share that would pass by law, reserved for disabled children, a disabled spouse, and disabled parents of the deceased.

Certificate of inheritance

A notarial document issued after the six-month acceptance period confirming the heirs and their shares in the estate, following verification of the inheritance file.

Measures to protect inheritance

Actions taken by the notary to preserve the estate, including inventory of property, appointment of a custodian, and deposit of money and securities.

Marriage contract

A written agreement between spouses on property rights, duties, maintenance, and division of property that requires notarial certification and is void without it.

Maintenance agreement (alimony)

A notarized agreement setting the amount, method, and timing of maintenance payments, which has the force of an enforcement document.

Spousal consent to transaction

A notarized statement by a spouse agreeing to a transaction with common property, required where the law makes disposal dependent on such consent.

Agreement on division of property

A notarized agreement between spouses dividing their common property, which may establish shares different from the statutory presumption of equality.

Mortgage contract certification

Notarial certification of a contract pledging immovable property to secure an obligation, followed by state registration of the mortgage.

Closed will

A will written and signed by the testator and deposited with the notary without disclosure of its content, opened by the notary after the testator's death.

Inheritance contract

A notarized contract determining the fate of property after death, which may be amended or revoked during life by agreement of the parties.

Rent contract notarial form

A contract transferring immovable property in exchange for periodic payments, requiring notarial form, distinguishing perpetual rent from life annuity.

Gift of real estate

A notarized contract transferring immovable property gratuitously; a gift of a share must respect the pre-emptive right of other co-owners.

Suretyship contract

An agreement by which a surety undertakes to answer to the creditor for the debtor's performance, with subsidiary liability unless joint liability is stipulated.

Deposit (earnest money) agreement

An agreement confirming conclusion of a contract and securing performance, providing consequences for breach, and notarized where the law requires.

Protest of bill

A notarial act recording the drawer's or holder's failure to obtain acceptance or payment, made within statutory time limits and noted on the bill.

Maritime protest

A declaration by the ship's master to the notary recording circumstances of a voyage, on which the notary draws up an act of protest.

Power of attorney certification

Notarial confirmation of a document authorizing a representative to act, required by law for certain transactions and for powers issued by legal entities.

Certification of corporate decision

Notarial confirmation of the fact of adoption of a decision by a legal entity's body and the composition of participants present at the meeting.

Trust agreement certification

Notarization of a property management agreement under which the trustee acts in the beneficiary's interest, where the law requires notarial form.

Electronic notary system

A unified digital system for creating, signing with an electronic digital signature, and storing notarial documents and registers.

Customer due diligence

The AML/CFT process of identifying the client and beneficial owner, verifying information, and monitoring the business relationship for suspicious activity.

Politically exposed person

A person entrusted with prominent public functions, or a close associate or family member, subject to enhanced due diligence in notarial practice.

Disciplinary liability of notary

Professional sanctions imposed for violations of law or ethics, including warning, suspension, and removal from notarial practice.

Liability for unlawful notarial act

The notary's civil liability to compensate damage caused by an unlawful act, alongside possible disciplinary and criminal liability.

Notarial register

A numbered official record in which the notary enters each notarial act, its date, parties, fee, and other details required by the Ministry of Justice.

Qualification examination for notary

An examination taken after higher legal education and internship, required together with a license and oath before beginning notarial practice.

State notarial office

A public office where state notaries perform notarial acts, existing alongside private notaries authorized by the Ministry of Justice.

Suspension of notarial act

A temporary halt in performing an act where documents are missing, identity or capacity is unclear, or a required consent or permit is absent.